2 thought provoking letters

 

Two very thought provoking and well written letters in the Subiaco Post on 19 February.  It does seem as though the developers are now resurgent in the Western Suburbs.  

Thank you to all who made submissions by 18th February to the Heritage Council of WA opposing the Council's proposal to ask the Minister for Heritage to suspend the community agreed plan for the Swanbourne Hospital Conservation Area - incorporated into the City of Nedlands Town Planning Scheme Number 2.  

We now wait to get news of the recommendation the Heritage Council makes to the Minister for Heritage after they have reviewed all the submissions they have received.  In the meantime - watch the press, talk to your neighbors, and stay alert!

NO REASON TO DELAY MATTERS FURTHER SAYS COUNCILLOR

This is a great letter from Councillor Irene Tan in the Post Newspaper on 29 January.

No need to say any more really.

Please make sure you send your submission to the Heritage Council of WA opposing their proposal  to transfer planning authority over the Swanbourne Hospital Conservation Area to the WA Planning Commission.


You need to get your submission in by 18 February 2011.

A Letter from the Heritage Council of WA Executive Director

I have copied a letter from Heritage Council of WA published in the Post on 22 January 2011 (copied above).  The letter makes the following points:

1.  (I quote) "the Heritage Council's primary concern is the conservation of these iconic buildings and is very concerned that delays in redeveloping the site have resulted in the buildings deteriorating and being subject to vandalism and other damage"; and
2. "One way to resolve the impasse between the developer and City of Nedlands is to transfer planning approval to the WA Planning Commission; and
3.  "The WAPC would consult with Nedlands on any development on the site.  The final decision would be consistent with the advice of the Heritage Council which has the statutory responsibility to ensure a positive heritage outcome for state-registered places."; and
4.  The Heritage Council has provided a two month period to lodge submissions, which close on February 18.


At face value this all sounds eminently reasonable.  But what the letter doesn't say is:

1.  The City of Nedlands has been trying to keep the developer to the terms of the community agreed plan - which was developed through a process facilitated by the WA Government, the Heritage Council itself and the City of Nedlands and then incorporated into the City of Nedlands Town Planning Scheme No 2 - the very scheme that the Heritage Council of WA is now trying to suspend through the use of the a little used clause in the Heritage of Western Australia Act 1990.  The property was then sold to the developer for $6.65 million in 2005 subject to the terms of this community agreed plan.

2. The Heritage Council of WA has contributed to the delays in the development of the site and through actively supporting the developer (since the sale by the WA Government) in appeals against the City of Nedlands Town Planning Scheme No 2 Guidelines - most recently in the developer's unsuccessful appeal to SAT in 2008.

3.  The City of Nedlands approved the revised Outline Development Plan submitted by the developer in May 2009 and in August 2010 approved advertising of the revised Outline Development Plan.  Since then the the City of Nedlands has been waiting for the WA Planning Commission to consent to the revised Outline Development plan being advertised for public comment.

4.  When the Heritage Council originally announced to the City of Nedlands on 14 December 2010, just before the Christmas holidays, that it was intending to move to suspend the Town Planning Scheme, the period for public submissions was originally to close on 14th January.  The City of Nedlands was able to persuade the Heritage Council to extend the period for a further month, to 18th February.  Why was there a rush to complete the public consultation over the Christmas and New Year holiday?  You can read more about this remarkable chain of events
here in an earlier post.

It seems to many Mt Claremont people that the "impasse" referred to in the letter from the Heritage Council is actually caused by the developer (with the support of  the Heritage Council) trying to move outside the parameters of the community agreed plan.

Please make sure you send a letter to the Heritage Council by the 18th February objecting to the proposal to suspend the City of Nedlands Town Planning Scheme and transfer planning control to the WA Planning Commission.

Your letter must be signed and dated and should be sent to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA   6892


Thanks for your support


David Thomas

Interesting Article in the Post Newspaper

You can read more in the Minister for Heritage's press release.

THE VALUE OF GREEN OPEN SPACE

Those of us who have been lucky enough to visit Central Park, in the middle of New York City, will agree that it is the green vibrant source of energy and peace that the city life revolves around.

In      recently, Michael Messner wrote an article titled Olmsted's ideals could help solve our real estate mess .  He was referring to the decision 150 years ago by New York City to accept a proposal from the great American landscape architect, Frederick Law Olmsted, to create a beautiful park in the middle of Manhattan Island.  If you read the history this was a controversial proposal because Olmsted's proposal would cost $13 million to build the park, which was a massive amount of money at that time.

Olmsted's views prevailed and the city approved the construction of Central Park. As Messner writes:

"Olmsted went on to transform dozens more cities, leaving a priceless legacy of vibrant, beautiful cityscapes.  And, in the process he increased property values".

17 years after the creation of Central Park, Olmsted went back and tracked the value of land around the Park and found that the city's $13 million investment investment had led to an astonishing increase in the value of the land that bordered the park by $209 million.

Again, to quote the article:

"The architect (Olmsted) recognised what many planners still fail to grasp:  Parks and managed green open space are vital pieces of urban infrastructure that not only improve the quality of life for millions of people but also drive economic growth"


A lot of Mount Claremont people use the public open space around the Old Swanbourne Hospital for exercise, recreation and to enjoy the open vistas and views.  The original plan approved through the community consultation organised by the WA Government in 2004 and 2005 maximised the amount of managed green open space possible while still providing for full preservation of the beautiful heritage buildings and a mix of residential development that will provide good development profit to the private owner.

The best way to maximise the amount of green open space on the site  is to keep to the plan we all agreed and which the WA Government promised in 2006 that the new owner would have to abide by.  This is the plan incorporated into the City of Nedlands Town Planning Scheme No. 2 - which the WA Government now wants to suspend.  If the WA Government goes ahead with this proposal and grants full planning authority to the Western Australian Planning Commission, we will lose the capacity to have our local elected government hold the owner to the plan we agreed to, and under which the property was sold.

We want the development to proceed as soon as possible, but under the guidelines agreed to by the community and the WA Government.

Please write to the Heritage Council of WA by 18 February objecting to this proposal to transfer planning control to the Western Australian Planning Commission.

You need to send a signed letter to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA  6892

Thanks for your energy and support.

David Thomas

WHAT'S BEEN HAPPENING SINCE THE SAT OUTCOME IN 2008?

As we know, the owner's appeal against the City of Nedlands planning decisions was rejected by the WA State Administrative Tribunal in late 2008.

I have been wondering what has been happening since then and the Christmas Eve announcement by the Heritage Council in 2010?

I then remembered a letter I had received from the City of Nedlands in late August 2010.  From talking to other Mount Claremont People I know that the letter was sent to a lot of other residents in Mount Claremont.

I pulled out the letter and it saw that it was advising residents that on 24 August 2010 a revised Outline Development Plan (ODP) submitted by the owner was approved to by the Council subject to conditions.  The Council intended to then submit the ODP to the Western Australian Planning Commission for their approval to advertise the draft plan.

I am not really sure what is in the revised ODP because it has not yet been advertised for public submissions.

The letter went on to say that if the Western Australian Planning Commission approved the ODP, it would be advertised in November 2010 for public comment and consultation.

Attached to the letter was a schedule of events that have occurred since the property was sold by the WA Government to the owner.  I have copied the most recent events above and you can access the full document from the link on the sidebar.

Can we  assume that because the ODP wasn't advertised, the Western Australian Planning Commission wasn't happy to approve the ODP?

Then, before just before Christmas this year, the Heritage Council of WA announced that the Minister for Heritage intended to suspend the City of Nedlands Town Planning Scheme No. 2 and transfer  total planning authority over the Old Swanbourne Hospital  to the Western Australian Planning Commission.

Is this a Plan A, Plan B strategy?

Plan A:  Under the Heritage Council of WA's Heritage of Western Australia Act 1990, The Minister transfers planning authority to the Western Australian Planning Commission and the owner agrees on a development strategy with the pubic servants working for the Commission.  No more need for time consuming and frustrating public consultation!  

Or the fallback:

Plan B:  The Western Australian Planning Commission approves the revised ODP, the Nedlands City Council advertises it for comment, and people of Mount Claremont have the opportunity for input.   Nedlands City Council remains the planning authority, under the watchful eye of the Planning Commission.

Though Plan B is more preferable than Plan A - I prefer neither.  However - it looks like that is the way this game is being snookered!

The best outcome is to develop the Old Swanbourne Hospital under the community agreed guidelines under which the property was sold by the WA Government to the owner and as contained in City of Nedlands Town Planning Scheme No. 2.

Please make a strong  submission opposing the proposed move to transfer the City of Nedlands planning powers to the Western Australian Planning Commission by writing to the Heritage Council of WA by the closing date for public submissions - 18th February,  2010.

Your submission must be in the form of a signed written letter, addressed to:

The Executive Director
Office of Heritage,
PO Box 6201,
East Perth  WA  6892



David Thomas

WHAT TO SAY IN YOUR LETTER TO THE HERITAGE COUNCIL OF WA

I have had quite a few requests for guidance about what to say in the letter to the Heritage Council of WA.

So I will post some draft words below.

But remember to make your letter personal and reflecting your particular concerns.

You must sign it and it must be a hard copy letter delivered or posted to the the following address by 18 February:

The Executive Director
Office of Heritage,
PO Box 6201,
East Perth  WA 6892

Before we get to the draft letter,  I sat on my plane coming home tonight and crystalised in my mind what I am really concerned about.  There are four main points I would make:

1. The Community Agreed on a Plan:  That after significant investment of time over several years by the City of Nedlands, the WA Government, the Heritage Council of WA, and the residents of Mount Claremont, an  agreed Development Plan was ratified by Heritage Council of WA and incorporated into the City of Nedlands Town Planning Scheme No. 2.  The property was then sold by the WA Government to the owner subject to the conditions agreed through this well run consultative process.

2.  It's not the Council's fault the project is delayed: That since then, the City of Nedlands has been forced to resist several attempts by the owner to overturn key elements of the community agreed development plan, most recently to the SAT.  The Heritage Council of WA assisted the owner in his appeal to the SAT.  Now the City of Nedlands is being demonised in the press as the reason for the delay in the commencement of development.

3.  A wonderful little discovery of Clause 38:  The Heritage Council of WA has now discovered a way through the little used Section 38 of the Heritage of Western Australia Act 1990 to remove the Old Swanbourne Hospital from being subject to the City of Nedlands Town Planning Scheme No. 2.  If the Heritage Council of WA is successful,  all planning decisions will be made by the public servants who work for the WA Planning Commission - and these decisions will not be bound by any of the planning guidelines of our local government authority (such as height of buildings, plot density, road access, removal of heritage buildings and so on).

4. Just before Christmas:  By initiating this move just before Christmas when people are away and during Australia's peak holiday season, and with a very short time for people to respond with submissions, the process is demonstrably cynical, patronising, and secretive - abandoning any pretences of good, fair, transparent and inclusive urban planning.

So - here's my suggested wording below.

Thanks for your action.

David Thomas



The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth WA


Dear Sir,


Heritage of Western Australia Act 1990
Notice of Measures Proposed Requiring Legislative Amendment
Swanbourne Hospital Conservation Area

I wish to advise  you that I am opposed to the Notice of Measures Proposed Requiring Legislative Amendment pursuant to the Heritage of Western Australia Act 1990 (the “Act”) announced in the Government Gazette on 17 December 2010 (reference HR402) and published by the Department of Heritage.  I understand that under the Section 38 of the Act, the Minister for Heritage proposes to issue an Order to be cited as the Swanbourne Hospital Conservation Area Order 2011 (the “Order”) in relation to the land shown in Certificate of Title Volume 2121 Folio 149 and described as Lot 1204 on Diagram 75983 –known as the Swanbourne Hospital Conservation Area (the “Land”).  

The Order will result in the suspension of the following written laws currently applying to the Land:

1.      The City of Nedlands Town Planning Scheme No. 2 (“TPS 2”) and any subsequent local planning scheme made pursuant to the Planning and Development Act 2005;

2.      Any codes, standards, or policies made pursuant to the written laws referred to in (1) above.

The effect of the Order will be to remove the Land from the development control requirements of TPS 2 and give the Western Australian Planning Commission sole responsibility for development approval on the Land, pursuant to the Metropolitan Region Scheme.

My understanding is that TPS 2 incorporates the recommended development guidelines for the Land that were developed through a process of extensive consultation organised by the City of Nedlands, the Department of Housing and Works and the Heritage Council of WA over the period from 2003 to 2005 with the residents of Mount Claremont and other interested parties prior to the sale of the Land by the WA Government to the current owner.  I wish to commend the   City of Nedlands for consistently seeking to hold the owner of the Land to the terms of TPS 2, most recently through a successful defence of the terms of TPS 2 before the State Administrative Tribunal (reference 2008 – WASAT 274).

I  respectfully request that the Heritage Council of WA recommend to the Minister for Heritage that the proposed Legislative Amendment is not proceeded with, and instead that the recommended development guidelines for the Land, as outlined in TPS 2, are preserved. 

I am keen for the development of the Swanbourne Hospital Conservation Area to proceed as soon as possible, under the planning guidelines agreed with the community, ratified by the Heritage Council of WA  and incorporated into the City of Nedlands Town Planning Scheme No. 2.

Yours Sincerely,

ROAD ACCESS TO OLD SWANBOURNE HOSPITAL

Someone dropped this document into my letter box earlier this year.  The plan is dated 27 January 2010 and shows a revised Outline Development Plan Proposal for the Old Swanbourne Hospital.  You can download the file from the link on the sidebar.

It completely overturns the wishes of the residents regarding road access to the Old Swanbourne Hospital.  A clear feature of the community agreed plan in 2005 (which was then approved by the Heritage Council of WA and incorporated into the City of Nedlands Town Planning Scheme No. 2) was that all road access (other than service vehicles to Montgomery Hall) was to be via Heritage Lane.

The plan copied above shows an Entrance Statement from St John's Wood Boulevard, and that the vehicle access from Heritage Lane "to be controlled".

If the WA Planning Commission is granted planning control over the road access arrangements to Old Swanbourne Hospital, there will be no obligation at all for them to respect residents wishes regarding traffic access arrangements.

Please write to the Heritage Council of WA objecting to the planning control over the Old Swanbourne Hospital being removed from the City of Nedlands and granted to the WA Planning Commission as proposed in the Ministerial Order Proposed by the Heritage Council of WA. You need to get your letter to them by February 18.

Write to:

The Executive Director,
Office of Heritage,
PO Box 6201,
East Perth  WA 6892


David Thomas